Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45174 of 2018 Applicant :- Zahid And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Zahid and Satyaveer alias Anil Kumar seeking bail in Case Crime No. 640 of 2018, under Sections 147, 148, 149, 332, 333, 336, 353, 307, 341, 323, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station Shahbad, District Rampur.
Learned counsel for the applicants has submitted that the applicant has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that as per the prosecution version, one Mahindra Pal met with an accident, as a result of which, he sustained fatal injuries. The injured was taken to District Hospital, Rampur by the police, where he was declared dead. Local persons of village Bhitargaon and Mangoli were highly infuriated and obstructed the road. The police personnel came on the spot so as to clear the obstruction but the mob pelted stones, due to which, number of persons, including the police personnel, has received injuries. There is no independent witness to support the prosecution version.
Learned counsel for the applicants has next submitted that similarly placed co-accused Sachin and Jaswant have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 42353 of 2018 and 41209 of 2018 vide orders dated 15.11.2018 and 15.11.2018.
Learned counsel for the applicants has further submitted that the applicants have no criminal history to their credit and they are in jail since 12.09.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the similarly situated co-accused has already been granted bail by this Court and that the applicants have no criminal history to their credit and they are in jail since 12.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants, Zahid and Satyaveer alias Anil Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.11.2018 R